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San Diego Personal Injury Law Blog

The most common medical mistakes patients encounter

Study after study reveals that a diagnostic error is the most common form of medical negligence in California and throughout the United States. According to research from Johns Hopkins University, these mistakes account for the largest portion of medical malpractice claims. This type of error includes the following:

  • Incorrectly diagnosing a problem

Survivors can pursue justice following the loss of a loved one

Losing a loved one can be a tragic experience no matter the circumstances. At Nield Law Group, APC, we understand the emotional, psychological and even financial toll a death can take on family members, especially when the incident was the result of someone else’s negligence. We allow our clients to grieve their losses while we handle the legalities of securing compensation.

Under California law, survivors of someone who has suffered an accidental death have two years to file a lawsuit. The cause of the death can include the following:

Two separate pedestrian accidents strike north of San Diego

A crosswalk is supposed to be a safety zone for people who are trying to get across the street. Those on foot in San Diego who obey traffic laws should be able to avoid a pedestrian accident. Crossing against a light, for example, can result in serious injuries. Yet even when people take the necessary precautions to cross the road, drivers may still make a mistake, as two recent incidents remind us.

Early one morning, a pedestrian crossing the road at an intersection was struck by a vehicle, resulting in a broken leg. Law enforcement had to close down a lane of traffic and issue an alert for the intersection. In a separate incident later that morning, a woman and her two children were walking to an Escondido elementary school when a driver hit them.

Preventing healthcare-acquired infections

Pneumonia, urinary tract infections, blood stream diseases: These are all conditions that can drive people to a healthcare facility for treatment. Unfortunately, too many people in California and across the country will actually contract these infections from simply spending time in the facility for an unrelated condition. The Centers for Disease Control and Prevention estimate that 1 in 25 patients will experience a healthcare-associated disease, which includes a surgical site infection, leading to a worsened medical condition and additional treatment.

There are steps at the national, state and even individual level that can prevent this from happening. According to the Committed to Reduce Infection Deaths, patients can do the following to reduce the odds of contracting an illness while in the hospital:

Defining and eliminating distracted driving in California

Many drivers in California are probably aware of the campaigns aimed to reduce cell phone use while driving. The state actually defines the behavior as anything that could take a motorist’s eyes off the road. That includes texting, talking on the phone, eating, programming a GPS, reading maps or grooming.

According to Distraction.gov, California has embraced several laws in order to avoid fatal automobile accidents, including the following:

Jury awards $8.45 million to family of child with cerebral palsy

Cerebral palsy is a serious condition that can stem from complications that happen during birth. Physicians in California can help prevent the issue by ensuring that the baby does not experience a lack of oxygen. Monitoring the mother and the baby during labor and delivery is a key part of spotting a potential problem and taking the steps to correct it. As one recent incident illustrates, failing to do so have serious consequences.

In Georgia, there is a 5-year-old boy who cannot walk or talk. He suffers from disfigurement and developmental delays, and he has to eat through a feeding tube in his stomach. According to his family’s attorneys, the boy’s condition is a direct result of cerebral palsy, which developed during his birth.

Factoring insurance into dog bite claims

A dog attack can result in physical trauma that, in addition to causing emotional distress, can also create large medical bills for California victims. The Centers for Disease Control and Prevention estimates that for every five instances, one dog bite will result in a serious injury that merits medical attention. What’s more, roughly half of dog attack victims are children.

When something like this occurs, victims may often hold the dog owner responsible for the costs of medical care. When it comes to paying the bills, it is often a homeowner’s insurance policy that foots the bill. The Insurance Information Institute reports that dog bites cost $483 million in 2013, which accounted for more than 33 percent of all homeowners’ insurance claims.

What is considered medical malpractice?

When a physician or medical professional fails to provide a patient with the standard health care treatment, it is considered medical malpractice here in California and across the country. According to a study Johns Hopkins Medicine conducted last year, failure to diagnose and other diagnostic errors are the most common reason patients file lawsuits. A diagnostic mistake can also encompass a delayed diagnosis or an incorrect one.

There are many other types of malpractice that can occur, such as the following:

California legislature gives more protection to bicyclists

The National Highway Traffic Safety Administration reports that 124 Californians lost their lives in fatal bicycle accidents in 2012, accounting for 4.3 percent of all traffic deaths. The agency recommends several ways that cyclists can remain safe, such as riding in numbers, wearing a helmet and obeying traffic laws.

Simply going for a walk can put you at risk in California

It seems innocent enough: You are looking for some exercise or an economical way to get to work, so you decide to go by foot. At Nield Law Group, APC, we have seen too many cases in which a pedestrian is seriously injured – or worse – as a result of a car crash. It is important for victims or the deceased’s survivors to know their rights following an incident.

The Centers for Disease Control and Prevention reports that 76,000 people were injured in a pedestrian knockdown in 2012, and nearly more than 4,700 were killed. In California, the National Highway Traffic Safety Administration notes that more than 560 people were killed as a result of such an event.

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